P L D 1991 Lahore 337 (PLP)
MUHAMMAD ZAFAR RAI — Petitioner Versus LAHORE DEVELOPMENT AUTHORITY and others — Respondents
| Citation | P L D 1991 Lahore 337 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MUHAMMAD ZAFAR RAI — Petitioner Versus LAHORE DEVELOPMENT AUTHORITY and others — Respondents |
| Primary Law | (e) Land Acquisition Act (I of 1894), (g) Land Acquisition Act (1 of 1894), (d) Land Acquisition Act (I of 1894) |
Q1: What are the key laws and sections cited in P L D 1991 Lahore 337 (PLP)?
This judgment primarily cites: (e) Land Acquisition Act (I of 1894), (g) Land Acquisition Act (1 of 1894), (d) Land Acquisition Act (I of 1894), (a) Land Acquisition Act (I of 1894), (b) Land Acquisition Act (I of 1894), (f) Land Acquisition Act (I of 1894), (c) Land Acquisition Act (I of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1991 Lahore 337 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1991 Lahore 337 (PLP) (MUHAMMAD ZAFAR RAI — Petitioner Versus LAHORE DEVELOPMENT AUTHORITY and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Dilawar Mahmood for Petitioner. Khaqan Babar for Respondents.
Headnotes / Summary
S.23
Compensation, asssessment of
Factors which ought to have been considered while assessing the compensation under S.23 were not restricted only to time of issuance of notification or any period prior to it but could also relate to period in furture i.e. the "potential value" of the property at the time of acquisition, which could be paid by a willing buyer to a willing seller. [p. 341] A
S. 23
Constitution of Pakistan (1973), Art.199
Market value, determination of
Constitutional jurisdiction, exercise of
Determination of market value was a mixed question of law and fact
Where the Tribunal, after appreciating the evidence on record enhanced the compensation by determining the value and there was no misreading/disregard of material evidence on record and market value by Tribunal was based on proper appraisal of oral evidence as well as documentary evidence, such determination, held, was not open to scrutiny in the exercise of Constitutional jurisdiction. [p. 341] B
S.23
Constitution of Pakistan (1973), Art.199
Market value, determination of
Constitutional jurisdiction, exercise of
Question of believing and disbelieving the testimony of a witness was within the exclusive domain of the Tribunal--Where the Tribunal had given cogent reasons for considering and discarding the evidence which was within its competence no exception, held, could be taken to the finding of Tribunal in Constitutional jurisdiction by the High Court. [pp. 341, 3421 C & D
S. 23
Constitution of Pakistan (1973),Art.199
Ss.23 & 18
Only one award has to be announced by the Collector and law does not envisage "supplementary award" in respect of objections relating to measurement of the land, the amount of compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested
Such a dispute can only be made by making an appropriate reference under S.18. [pp. 342, 343] F, G & H
S.23
Constitution of Pakistan (1973), Art.199
Compensation--Constitutional jurisdiction, exercise of
Relief for enhancement of compensation based on appreciation of evidence could not be undertaken in Constitutional jurisdiction by High Court. [p. 345)1 & J
Ss. 23 & 24
Market value of land is normally to be taken as existing on the date of publication of the notification under S.4(1) of Land Acquisition Act, 1894 and potential value of the property with reference to price on which similar land was sold, could be taken into consideration
Where on account of losses claimed to be suffered by the land owner on account of acquisition he was allowed additional compensation under S.23(3)(b) of the Act, there was, h-~1 , no justification to award any further special damages claimed by him in circumstances. [p. 342] K
Judgment & Decree
(d) Land Acquisition Act (I of 1894)
S. 23
Constitution of Pakistan (1973),Art.199
Constitutional jurisdiction, exercise of
Court was competent to award increase in the compensation in consideration of compulsory acquisition of land
Where the Tribunal had taken into account all the factors which ought to and should have been taken into account under S.23 while determining the value of land for the purpose of compensating the land-owner and compensation was increased accordingly, question of further enhancement of compensation being a matter relating to appreciation of evidence, High Court declined to undertake the same in Constitutional proceedings. [p. 342] E Afzal Shah v. Land Acquisition Collector PLD 1990 Pesh. 83; Abbottabad Land Acquisition Collector v. Haji Ali Asghar Khan 1985 SCMR 767; Fazalur Rahman v. General Manager, S.I.D.B. PLD 1986 SC 158 and Malik Aman v. Land Acquisition Collector PLD 1988 SC 32 ref. (e) Land Acquisition Act (I of 1894)
Ss.23 & 18
Only one award has to be announced by the Collector and law does not envisage "supplementary award" in respect of objections relating to measurement of the land, the amount of compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested
Such a dispute can only be made by making an appropriate reference under S.18. [pp. 342, 343] F, G & H Raja Sultan Eraj Zaman v. WAPDA PLD 1988 SC 29 and Prag Narain v. The Collector of Agra AIR 1932 PC 102 ref. (f) Land Acquisition Act (I of 1894)
S.23
Constitution of Pakistan (1973), Art.199
Compensation--Constitutional jurisdiction, exercise of
Relief for enhancement of compensation based on appreciation of evidence could not be undertaken in Constitutional jurisdiction by High Court. [p. 345)1 & J (g) Land Acquisition Act (1 of 1894)
Ss. 23 & 24
Market value of land is normally to be taken as existing on the date of publication of the notification under S.4(1) of Land Acquisition Act, 1894 and potential value of the property with reference to price on which similar land was sold, could be taken into consideration
Where on account of losses claimed to be suffered by the land owner on account of acquisition he was allowed additional compensation under S.23(3)(b) of the Act, there was, h-~1 , no justification to award any further special damages claimed by him in circumstances. [p. 342] K Mian Dilawar Mahmood for Petitioner. Khaqan Babar for Respondents. Date of hearing: 8th May, 1991.